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Showing contexts for: Texmo in Aqua Pump Industries vs Rickon Engineering on 3 June, 2019Matching Fragments
2. The defendant submits to a Judgment and Decree as below:-
(a) granting a permanent injunction, restraining the defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the plaintiffs' registered Trade Mark TEXMO/TEXNA as such or prefix or suffix in any http://www.judis.nic.in Electric Motor, Oil Pump, Water Pump, Coolant Pump, Gear Box or in any other goods manufactured and sold by the defendant or its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the plaintiffs' registered Trade Mark TEXMO/TEXNA or in any manner infringing the Plaintiffs Registered Trade Mark Nos.315049 (SP-I), (SP-II) & 315050 (SP-I), (SP-II) renumbered as 2702778, 2702779, 2702780 & 2702781 respectively.
(b) granting a permanent injunction, restraining the defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark TEXMO/TEXNA as such or with prefix or suffix in any Electric Motor, Oil Pump, Water Pump, Coolant Pump, Gear Box or in any other goods manufactured and sold by the Defendant and its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the Plaintiffs Trade Mark TEXMO/TEXNA or in any manner pass off the plaintiffs' goods.
3. The defendant undertakes to withdraw the Trade Mark Application under No.3839461 dated 22.05.2018 with respect to Electric Motor, Oil Pump, Water Pump, Coolant Pump, Gear Box bearing the deceptively, phonetically and visually similar trade mark TEXNA in Class - 07, advertised in the Trademark Journal No.1857 dated 09.07.2018.
4. The defendant undertakes hereby not to assert any right in respect of the expression TEXMO/TEXNA by filing http://www.judis.nic.in Trademark Applications or using the same or similar sounding expression or its logo for any goods in future.
5. The defendant also undertake to withdraw any Application in respect of TEXMO/TEXNA or any other similar sounding marks that have already been filed that is not within the knowledge of the plaintiffs.
6. The defendant shall not make any application for registration of the Trademark TEXMO/TEXNA as such or with prefix or suffix in any goods manufactured and sold by the defendant in future.